Conflict Of Laws

Question 1

What is the domicile of a minor?

Answer 1

The domicile of the minors parents, or the parent with whom the minor lives.

Question 2

What is the domicile of an incompetent?

Answer 2

The domicile they had prior to their incompetence or insanity.

Question 3

Which procedural rules are applied in state and federal courts?

Answer 3

The procedural rules of the forum.

Question 4

What’s the difference between a procedural and a substantive rule?

Answer 4

Rights inside the court are procedural; rights and obligations outside the court are substantive

Question 5

Are statutes of limitations substantive or procedural?

Answer 5

Procedural - unless a wrongful death statute

Question 6

Are rules of evidence procedural or substantive?

Answer 6

Procedural, unless the ruling would be outcome determinative

Question 7

Are burdens of proof procedural?

Answer 7

Yes

Question 8

Are presumptions procedural or substantive?

Answer 8

Rebuttable presumptions are procedural

Conclusive or mandatory presumptions are substantive

Question 9

Are the parole evidence rule and statute of frauds procedural or substantive?

Answer 9

Substantive

Question 10

Which choice of law rules does a federal court exercising diversity jurisdiction apply?

Answer 10

The state where it sits.

Question 11

What are the choice of law approaches?

Answer 11

1. 1st restatement - vested rights (traditional)
2. 2nd restatement - most significant relationship (modern)
3. Interest analysis approach

Question 12

What is the traditional vested rights approach to conflict of laws?

Answer 12

Apply the law of the state where the rights of the parties vested.
Generally, where the act or relationship giving right to the cause of action occurred or was created.

• place of wrong or injury
• place of contracting
• where property is located

Question 13

What is the modern most significant relationship approach to conflict of laws? What factors are considered?

Answer 13

Apply the law of the state with the most significant relationship to the issue. May be different states for different issues.

• the needs of interstate and international systems
• relevant policies and interests f the forum state and other interested states
• the justified expectations of the parties
• the notion of judicial economy

Question 14

What is the interests analysis approach to conflict of laws?

Answer 14

Apply the law of the state that is most legitimately interested in its outcome. Default rule is the forum state.

Use another state only if the forum state has no legitimate interstate in how the issue is resolved.

Question 15

What is required for a choice of law determination to satisfy the 14th amendment due process?

Answer 15

From a state whose connections with the case are not so tenuous as to be unpredictable or arbitrary.

Question 16

Will a state court enforce the penal or revenue laws of another state?

Answer 16

No.

Question 17

What law is applied in a tort case under the traditional and modern rules?

Answer 17

The state where the injury occurs.

Question 18

What law is applied in a dram shop act tort case?

Answer 18

The law where the tavern is located.

Question 19

What law is applied in contracts claims?

Answer 19

• choice of law provision in contract
• where the contract was made or performed (traditional approach)
• most significant relationship (modern approach)

Question 20

When will a court deem a choice of law provision in a contract binding?

Answer 20

• does not appear in boilerplate of an adhesion contract
• state has substantial relationship to the contract
• law of chosen state doesn’t violate public policy of state with most significant relationship

Question 21

What law is applied in property law claims?

Answer 21

• state where the land is located
• state where personal property was located at the time of the transfer

Question 22

In an action concerning inheritance, what law will apply?

Answer 22

If decedent dies testate, the law of the state where the testator was domiciled at the time the will was executed

If decedent dies intestate, apply the law of the state where the decedent was domiciled.

Question 23

What law is applied in question of marriage and divorce?

Answer 23

Marriage - where the ceremony took place

Divorce - forum state

Question 24

What is the Full Faith and Credit Clause?

Answer 24

Final, valid judgements on the merits of one state must be given full force in the courts of another state.

Question 25

When will a court refuse to enforce the judgement of a foreign nations court?

Answer 25

If the proceeding in the foreign country did not meet the norms of procedural fairness.

Question 26

What law applies when considering the validity of a will?

Answer 26

Common law, the law of the state where the decedent was domiciled at time of death.

UPC - where domiciled at executing of will or time of death.